ATCP 50.46 Note
Note: A design certification under par. (a) typically involves the preparation or approval of a design document that prescribes the installation of an agricultural engineering practice. The process typically requires the application of engineering principles and methods, and may include several planning and design components. For example, a practitioner may conduct a site inventory to gather data for the design process, may identify or confirm particular water quality problems on the site, and may evaluate the adequacy of the proposed practices to address those problems.
ATCP 50.46(1)(b)
(b) That an agricultural engineering practice under
sub. (2) has been installed according to an approved design, and according to applicable standards and specifications.
ATCP 50.46 Note
Note: See ss.
92.18 and
443.14 (10), Stats. Registered professional engineers, persons working under the direct supervision of registered professional engineers, and employees of the NRCS may also seek certification under this section. A state or county employee certified under this section is exempt from the professional engineering registration requirements of ch.
443, Stats., when engaged in state or county activities under ch.
92, Stats., or s.
281.65, Stats., regardless of whether the activities are funded under this chapter.
ATCP 50.46(2)
(2) Agricultural engineering practices. For purposes of this section, an agricultural engineering practice includes any of the following:
ATCP 50.46(2)(zo)
(zo) Well decommissioning. Notwithstanding
sub. (1) (intro.), a well driller or pump installer registered under s.
280.15, Stats., may certify a well construction or decommissioning under
sub. (1).
ATCP 50.46(3)
(3) Agricultural engineering practitioner; certification. A person who wishes to be certified as an agricultural engineering practitioner shall apply to the department or a county land conservation committee. An applicant may apply orally or in writing. The department or the county land conservation committee shall promptly refer the application to the department's designated field engineer. The field engineer shall evaluate the applicant and issue a decision granting or denying the request.
ATCP 50.46 Note
Note: An applicant for certification need not apply to the department's offices in Madison, but may apply directly to one of the department's field engineers. An applicant's supervisor may also forward an application to the department's field engineer.
ATCP 50.46(4)(a)(a) To evaluate an applicant under
sub. (3), the department's field engineer shall complete the certification form shown in Appendix E. The field engineer shall rate the applicant under
sub. (5) based on the applicant's demonstrated knowledge, training, experience and record of appropriately seeking assistance. Evaluations shall be fair and consistent.
ATCP 50.46(4)(b)
(b) To evaluate an applicant, the department's field engineer may conduct interviews, perform inspections, and require answers and documentation from the applicant. The field engineer may ask engineering staff from NRCS to help evaluate an applicant.
ATCP 50.46(5)(a)(a) For each type of agricultural engineering practice identified in Appendix E, the department's field engineer shall identify the most complex of the 5 job classes in Appendix E for which the applicant is authorized to do each of the following:
ATCP 50.46(5)(a)1.
1. Certify that design specifications for jobs in that class comply with standards under this chapter or s.
281.65, Stats.
ATCP 50.46(5)(a)2.
2. Certify that jobs in that class have been installed according to the approved design, and according to any applicable standards and specifications.
ATCP 50.46 Note
Note: The rating system under par. (a) is designed to be reasonably consistent with the system used by NRCS under
7 CFR 610.1 to
610.5. Appendix E is similar to the NRCS job approval delegation form. It identifies the controlling factors used to determine the relative difficulty of job classes, as well as the NRCS standard that applies. A person who is certified at a job level under par. (a) may certify his or her own work at that level for funding purposes under this chapter.
ATCP 50.46(5)(b)
(b) If NRCS has previously rated an applicant under
7 CFR 610.1 to
610.5, the department's field engineer shall give that applicant the same initial rating. Within 18 months after the field engineer makes the initial rating, the department's field engineer shall review that rating under
sub. (7).
ATCP 50.46(6)(a)(a) The department's field engineer shall act on a certification application under
sub. (3) within 30 days after the field engineer receives that application, provided that the applicant promptly submits relevant information and documentation requested by the field engineer.
ATCP 50.46 Note
Note: When recertifying an applicant who was previously certified by the department or NRCS, the department's field engineer may raise one or more rating levels, lower one or more rating levels, or reaffirm one or more rating levels.
ATCP 50.46(6)(b)
(b) Whenever the department's field engineer certifies an agricultural engineering practitioner, the field engineer shall issue a written certification in the form shown in Appendix E. The certification becomes effective when signed by all of the following:
ATCP 50.46(6)(c)
(c) Whenever the department's field engineer denies a request under
sub. (3) for a specific certification rating, the field engineer shall issue the denial in writing and shall specify the reasons for the denial.
ATCP 50.46(6)(d)
(d) The department's field engineer shall retain a copy of each certification under
par. (b), each denial under
par. (c), and any other documentation received or compiled in connection with an application under
sub. (3).
ATCP 50.46(7)(a)(a) A department field engineer shall review each certification rating under
sub. (5) at least once every 3 years, and may review a rating at any time. A field engineer shall review a rating whenever a certified agricultural engineering practitioner requests that review.
ATCP 50.46(7)(b)
(b) Based on a review under
par. (a), a department field engineer shall issue a new certification rating which reaffirms or modifies the prior rating under
sub. (5). The field engineer shall provide a copy of each new rating to the person rated. The field engineer may not reduce a rating except for good cause.
ATCP 50.46(7)(c)
(c) A field engineer shall document, in writing, his or her reasons for reducing a certification rating under
sub. (5), or for refusing to make a requested rating change. The field engineer shall provide that documentation to the person rated, and to that person's supervisor if any.
ATCP 50.46(8)(a)(a) An affected person may appeal a field engineer's action under
sub. (5),
(6) or
(7). The affected person shall file his or her appeal in writing, with the field engineer, within 10 business days after the applicant receives notice of the field engineer's action. The appeal shall identify the specific matters in dispute and the specific basis for the appeal.
ATCP 50.46(8)(b)
(b) Within 15 business days after the department's field engineer receives an appeal under
par. (a), the field engineer shall hold an informal meeting with the appellant. The meeting may include a representative of the county land conservation committee. The field engineer may hold the informal meeting in person or by telephone.
ATCP 50.46(8)(c)
(c) If an appeal cannot be resolved after an informal meeting under
par. (b), the field engineer shall forward the appeal to a department reviewer designated by the administrator of the department's agricultural resource management division. The reviewer shall hold an informal hearing on the appeal within 10 business days after the reviewer receives the appeal, unless the applicant agrees to a later date for the informal hearing. The reviewer shall hold the informal hearing by telephone or at a location determined by the reviewer. Within 10 business days after the conclusion of the informal hearing, the reviewer shall issue a written decision which affirms, reverses or modifies the field engineer's action. The reviewer shall provide a copy of his or her written decision to the applicant. The decision shall include a notice of the applicant's right to request a contested case hearing under
par. (d).
ATCP 50.46(8)(d)
(d) If an applicant disputes the reviewer's decision under
par. (c), the applicant may file a request with the department under s.
227.42, Stats., for a contested case hearing under
ch. 227, Stats., and
ch. ATCP 1.
ATCP 50.46(9)(a)(a) The department may, for cause, suspend or revoke a certification under this section. The department may summarily suspend a certification, without prior notice or hearing, if the department makes a written finding that the summary suspension is necessary to prevent an imminent threat to the public health, safety or welfare.
ATCP 50.46(9)(b)
(b) An order suspending or revoking a certification shall be signed by the secretary or the secretary's designee. Proceedings to suspend or revoke a certificate shall be conducted according to
ch. 227, Stats., and
ch. ATCP 1.
ATCP 50.46(9)(c)
(c) The department shall notify all of the following persons of any suspension or revocation under this subsection:
ATCP 50.46(9)(c)1.
1. Any land conservation committee or state agency that employs the individual whose certification is suspended or revoked.
ATCP 50.46(9)(c)2.
2. State and federal agencies that provide cost-share funds for agricultural engineering practices.
ATCP 50.46(9)(d)
(d) The reduction of a certification rating under
sub. (7) does not constitute a suspension or revocation under this subsection.
ATCP 50.46(10)
(10) Certification guidelines. The department may publish guidelines for the certification of agricultural engineering practitioners under this section. The guidelines may include suggested courses, training activities, and types of knowledge and experience that may help applicants qualify for certification at specified rating levels.
ATCP 50.46(11)
(11) Signature and date required. Whenever a person certified under this section approves or submits for approval any document related to the design or construction of an agricultural engineering practice under
sub. (2), that person shall sign and date that document.
ATCP 50.46(12)
(12) Scope of certification. No certified agricultural engineering practitioner may, for funding purposes under this chapter or s.
281.65, Stats., certify any matter under
sub. (5) (a) in a job class more complex than that for which the practitioner is authorized under
sub. (5) (a).
ATCP 50.46 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 08-075: r. and recr. (2)
Register April 2009 No. 640, eff. 5-1-09.
ATCP 50.48
ATCP 50.48
Nutrient management planners. ATCP 50.48(1)(1)
Qualifications. To be qualified under ss.
281.65,
281.66, Stats., and this chapter, a nutrient management planner shall be knowledgeable and competent in all of the following areas:
